Appeal 2007-1895
Application 10/719,489
determines from these teachings that “if the hot material is discharged it
must be cooled before the next step,” and that “[d]ischarging such a material
directly into a cooling device would expedite the cooling step.” The
Examiner concludes one of ordinary skill in this art “would have found the
use of a cooling device obvious since the working example shows a step of
actively cooling the composition prior to milling.” Id. 4. The Examiner
further contends, in this respect, Bilgrien “teaches that continuing mixing
during cooling ensures uniformity of the final powder” such that “if the
material is discharged hot,” the reference provides “motivation to continue
mixing during cooling” (id. 4-5, citing Bilgrien, e.g., col. 9,
ll. 25-27). The Examiner contends that any reduction in processing time is
an obvious advantage since the discharge of a heated powder composition
from the mixer and then cooling does not involve cooling all of the
components of the mixer in cooling the composition (id. 6-7).
The Examiner further contends the difference between the claimed
process and that of Bilgrien can be considered as continuous process
vis-à-vis a batch process since the claimed mixing process “can continue
because the transfer [of the powder composition] to a different device for
cooling allows for a continuous process” (Answer 3). The Examiner finds
Boudreau teaches a continuous process in which “[t]he mixing of the silica
and siloxane is carried out in one mixer while subsequent cooling is carried
out separately . . . [in] a different apparatus for cooling and a catalyst is
subsequently added” (id. 3-4 and 7, citing Boudreau col. 5, ll. 5-20). The
Examiner concludes one of ordinary skill in the art “would have known to
adapt the batch process in [Bilgrien] such that it is a continuous process, i.e.
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